Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- --S.4(1)(a)--Civil Servants Act (LXXI of 1973), S.22(2)--Appeal before Tribunal--Maintainable against final order whether original or appellate-­No appeal maintainable unless aggrieved civil servant has preferred a departmental appeal, application, review or representation--Representa­tion to next higher authority essential under S.22(2) of Civil Servants Act, 1973 even in absence of a specific provision--Aggrieved civil servant having made a representation departmentally could at his own risk wait for reply or file appeal before Tribunal after expiry of 90 days of making representation or after receipt of reply to representation--Right of representation against adverse remarks provided for--Appellate order contemplated by S.4 of Service Tribunals Act, 1973, held, includes not only an order passed on departmental appeal but also an order passed on representation--Appeal before Tribunal filed within thirty days from receipt of reply on representation for expunction of adverse remarks, held, within limitation period. (b) Service Tribunals Act (LXX of 1973)-- ---S.4(1)(b)--Adverse remarks in A.C.R.--Whether appealable before Tribunal--Right of representation provided for against adverse remarks--Right of appeal, in circumstances, held cannot be denied--Plea that annual confidential reports intended for determining fitness for promotion are ancillary to consideration for fitness or otherwise of a person hence no appeal lies against adverse remarks in view of proviso (b)--Plea repelled. Secretary Punjab v. Ahmad Kamaluddin 1981 S C M R 392 rel. (c) Civil service -- ---Adverse remarks--Reporting Officer supervising work of officer reported upon for period less than 3 months--Such remarks, held, have no value whatsoever hence directed to be expunged--Service Tribunals Act (LXX of 1973), S.4. (d) Service Tribunals Act (LXX of 1973)-- --S.4--Scope--Relief not asked for in departmental representation-­Tribunal declining to issue any direction. Appellant in person. Muhammad Amir Akbar Khan for the State. Date of hearing: 11th December, 1984. JUDGMENT MR. JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-- The appel­lant, Muhammad Sirjees…

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